تصور المسألة و أثره في الاجتهاد

Abstract EN

Islamic law is characterized by its high flexibility in absorbing the renewed incidents of the age in all areas of life through its rules and total assets.The law has set conditions in which the man is qualified to diligence in extracting and extrapolating Sharia judgments, but it can not be diligent in the matter; The perception of the issue is through machines or media that significantly affect the realization or similarity between the mental image of the issue and its reality abroad, came this research culminated under the title: ((perception of the issue and its impact on diligence)), in the research on how to conceive of the issue and conformity to reality, and reached In it to the following: The perception of the problem is through the following machines: First: the senses and the mind: through the senses receive the information of the matter and the perception of the issue, and then the mind to judge the information received by the senses have a mental perception, and thus share the perceptual and mental perception of the issue in the perception of the issue.

Any decline in the functioning of the senses, makes the perception of the question is not correct, so the perception is not similar to reality, and may correct the wrong mind in perception perception if realized, otherwise it builds his judgment, then the diligence in the matter is then based on the perception of the wrong mind.

The reasons for the decrease in the functioning of the senses are due to the following: 1- The lack of attention in listening to the matter and the lack of diligence in the collection of details 6.

Ineffectiveness when raising the issue because of anger or hunger or drowsiness and so on.

Therefore, the mujtahid when listening to the issue at hand should be characterized by the integrity of the senses, and the strength of focus, attention, and the effectiveness of his senses, so that his perception of the issue is similar to reality, so his diligence is based on a correct perception.

Second: the perception of the issue by language: language has an important role in the perception of the issue, and language may be a reason for the lack of similarity between the image of the issue and reality; for the following reasons: 1.

The method of expression in presenting the matter.

2 - the power of the statement at the heart of the truth of the matter.

3 - Influence the feelings of the hardworking and emotions.

4 - the personal style of the liquid in the presentation of the question in detail even in cases unrelated to the issue, or the aggregate that may reach the extent of the ambiguity in it, and here the mujtahid not to ask the joint shortcut and leave an offer unrelated to the issue; His presentation of the issue is not clear or adequate, so the perception of the issue is not identical to its reality, and asks the magazine to answer his questions until the picture becomes clear to him.

Therefore, the mujtahid should be neutral, with no emotion and influence on the issue, focusing on the language of the questioner, observing his body language with a sense of sight, hearing the tone of his voice with a sense of hearing, and other emirates and clues, in which the language of presentation of the matter is complete only.

Of those who are diligent who strive after the perception of the issue, and some of those who strive after the perception of the issue and the perception of the effects of the rule, choose from which the purposes of the General Sharia are realized, so the following rule can be formulated: Diligence in the matter branch about its perception and perception of the effects of judgment in them.

Praise be to Allah, the Lord of the Worlds and the best prayer